In this latest edition of our ‘Need To Know’ employment and HR newsletter, we look at the recently announced Government consultation on flexible working; the update to the self-isolation rules and implications for employers, a recent case in the Employment Appeal Tribunal centred around capability dismissals, and much more.
We also have included our usual HR Bullets – which cover other significant employment law updates from the past month.
Below are some of our key articles:
- Capability dismissal – a tale of two procedures
- Updated self-isolation rules and what they mean for the workplace
- Government consultation on flexible working requests – What will the impact be?
HR Bullets
- When disability means that a teacher is no longer able to teach, it is not a reasonable adjustment to protect pay permanently (Aleem v E-Act Academy)
- A tribunal was right to conclude that a claimant was not disabled and the employer did not have knowledge of disability (Seccombe v Reed)
- In certain circumstances, a dismissal can still be considered fair even if the employer has refused to hear an appeal (Moore v Phoenix Product Development Limited)
- An employee who was made redundant by her employer during the pandemic was unfairly dismissed because her employer failed to consider furlough (Mhindurwa v Lovingangels Care Limited)
- Where an employer requires an employee to undertake induction training as a condition of being assigned to a substantive job post, time spent doing that training will likely attract the national minimum wage (Opalkova v Acquire Care)
- An employee was entitled to the level of income protection payments, as set out by his previous employer in an offer letter and summary of benefits, prior to a TUPE transfer (Amdocs Systems Group Ltd v Langton)
- An employee was not unfairly dismissed because his employer chose to make him redundant rather than furloughing him for longer (Handley v Tatenhill Aviation)
- The end date for the temporary adjusted right to work checks has been delayed until 5 April 2022 (Guidance, Coronavirus (COVID-19): right to work checks)